Criminal Defense Articles

Use Of Force In Defense Of Others- Florida

Deadly And Non-Deadly Force

In Florida, the use of force in defense of others is an affirmative defense that may be raised in a variety of criminal prosecutions. “Defense of others” excuses an otherwise unlawful violent act on grounds that it was reasonably necessary to defend another person from an aggressor.

Non-Deadly Force in Defense of Others

Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person is justified in using non deadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend another person (a third person) against the aggressor’s imminent use of unlawful force against that other person (third person). There is no duty to retreat.

Deadly Force in Defense of Others

Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person is justified in using deadly force (and does not have a duty to retreat) if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony, or to prevent imminent death or great bodily harm to another person.

If a defendant or another person was not engaged in an unlawful activity and was attacked where he or she was allowed to be, then the defendant has no duty of retreat and has a right to use force, or even deadly force, if the defendant (under those circumstances) reasonably believed that his or her use of force was necessary to prevent death or great bodily harm. This is the key provision of Florida’s “Stand your Ground” law.

If you have been charged with a criminal offense involving a violent act in Jacksonville or the surrounding counties of Northeast Florida, and believe that you were acting in the defense of another person, contact Hussein & Webber, PL today. We offer free consultation to all prospective clients.